Post arrest procedures Flashcards
263/1A and other legal precedent allow ________ and _____ those arrested during booking
Fingerprinting and photographing
True or false, Booking may be videotaped, even if the defendant is unaware that he is being recorded
True
What does 263/1 require ………and…… to offenders who’ve been arrested
State the reason for arrest and
provide a copy of the arrest warrant on request
Under 276/33A, a person under arrest has the right to use the telephone within ___ Hour following his arrival at the station under arrest
1
The Police official in charge of the station or other places of detention should allow the suspect to use the telephone within one hour of being ……
Brought to the station under arrest
True or false. 276/33 requires that the officer in charge and his designee shall examine, prior to placing the prisoner in a cell, said prisoner for injuries
False
(Only the OIC preforms this function, and an “immediate” exam is mandated)
If a person in police custody commits suicide or dies, the OIC shall write a report, and a copy shall be sent within ______ days of the death to the _______ ______
7 Days
Medical Examiner
Detainees must be protected from sexual abuse and a full investigation is required in response to any allegation against staff or other detainees. This is mandated in federal law known as ___.___.___.___
PREA
prison rape elimination act
Under 123/18b the OIC may ______ ______ a prisoner who agrees to obtain voluntary mental health treatment. This is perfect for prisoners accused of minor crimes who poses little safety risk and needs treatment
Voluntary release
Police have ______ hours from the time of the arrest to interview the defendant
6 hours
What is the 6 exceptions to the 6 hour rule
1) the arrestee needs medical attention
2)the arrestee is incapacitated from drugs or alcohol
3) a police emergency delays the interview
4) police request consent to search
5) the arrestee signs a written waiver of prompt arraignment
6) the arrest occurs outside of Massachusetts
Unless he is released or arraigned, an arrestee must be afforded a probable cause determination by a neutral magistrate within ________ hours of his arrest without a warrant
24 hours
If a defendant refuses to answer ______ _______ the police may properly place them in a cell without a phone call or bail hearing until they’re ready to cooperate
Booking question
Following an OUI arrest, police must advise the defendant of his right to an immediate examination by a physician under ______/______
263/5A
Police are obliged to inform the arrestee of their right to an _______ ______, but are not obliged to assist the arrestee in obtaining one if they request one
Independent investigation
Article 36 of the Vienna Convention states that if a foreign national is arrested, authorities shall inform the subject of his right to have his _______ notified
Consulate
If diplomatic immunity is confirmed and the officer is not in danger the officer is still allowed to …..
Cite the diplomat for traffic violations
State Officers may only keep an individual who is the subject of an immigration detainer in custody if there is a _______ _____ or probable cause of a ______ ____ __ ____ _____
Judicial Warrant
Arrestable state or federal crime
When arresting a deaf person the arresting officer must procure a ________ when a deaf or hearing impaired person is arrested
Interpreter
(No oral or written statement admissible without this protection)
On any warrant for a felony or misdemeanor punishable by more than 100 days arrestee must be brought to court where arrest made or where warrant issued. Only ……
Judge or Clerk can bail
If a warrant is for a misdemeanor punishable by 100 days or less arrestee may be released by _______ ________ from station. No court appearance required
Bail commissioner
